Chesterfield Burglary Attorney 

Charged with Burglary in Chesterfield, MO?

If you or a loved one has been charged with burglary in Chesterfield, MO, you need an experienced and aggressive legal advocate on your side. At The Hammer Law Firm, LLC, we understand the complexities of Missouri burglary laws and are dedicated to protecting your rights. Our skilled Chesterfield burglary defense lawyers are prepared to fight for you every step of the way.

Contact us today at (314) 334-3807 to schedule a free consultation and take the first step towards peace of mind and a proactive defense.

What is Burglary in Missouri?

In Missouri, burglary is classified as unlawfully entering or remaining in a building or inhabitable structure with the intent to commit a crime. Missouri law distinguishes between first-degree and second-degree burglary:

Burglary in the First Degree (RSMo 569.160): This occurs when a person unlawfully enters or remains in a building with the intent to commit a crime, and one or more of the following apply:

1. The accused is armed with a weapon.
2. The accused causes or threatens injury to another person.
3. Another person (not an accomplice) is present in the building at the time of the offense.

Burglary in the Second Degree (RSMo 569.170): This involves unlawfully entering or remaining in a building with the intent to commit a crime but without the aggravating factors listed above.

The Differences Between Burglary & Robbery

Many people mistakenly use the terms "burglary" and "robbery" interchangeably, but they are distinct crimes under Missouri law.

Burglary involves unlawfully entering a building or structure with the intent to commit a crime inside. It does not necessarily involve direct confrontation with another person.

Robbery (RSMo 570.023 & 570.025) involves forcibly taking property from another person through violence, intimidation, or threat of force. Unlike burglary, robbery requires direct interaction with a victim.

Burglary Penalties in Missouri

The penalties for burglary in Missouri depend on the degree of the offense and any aggravating factors:

• First-Degree Burglary: This is a Class B felony, punishable by 5 to 15 years in prison. If a weapon was used or serious injury occurred, enhanced sentencing may apply.
• Second-Degree Burglary: This is a Class D felony, which carries a penalty of up to 7 years in prison and/or fines up to $10,000.

Additionally, prior convictions, the involvement of weapons, or other criminal charges can lead to enhanced penalties. A conviction can also result in a permanent criminal record, making it difficult to secure employment, housing, or professional licensing.

Legal Defenses to Burglary Charges

A skilled Chesterfield burglary defense lawyer will explore all possible defenses to fight your charges. Common defenses include:

• Lack of Intent: The prosecution must prove that you intended to commit a crime when entering the structure. If intent cannot be established, the charges may be reduced or dismissed.
• Mistaken Identity: If there is weak or unreliable evidence tying you to the crime, such as faulty eyewitness testimony or surveillance footage, we can challenge its credibility.
• Alibi Defense: If you were not at the scene of the alleged crime, presenting an alibi with supporting evidence can prove your innocence.
• Unlawful Search and Seizure: If law enforcement violated your Fourth Amendment rights by conducting an illegal search, any evidence obtained may be inadmissible in court.
• Permission to Enter: If you had consent to enter the premises, the prosecution’s case for unlawful entry may not hold up in court.

Contact a Chesterfield Burglary Defense Lawyer Today

If you have been charged with burglary in Chesterfield, MO, don’t wait to seek legal representation. The sooner you act, the better your chances of building a strong defense. Let us fight to protect your rights, your freedom, and your future.

Call (314) 334-3807 or contact us online today to let us get started on your case.